[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Rules and Regulations]
[Pages 33625-33628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5252]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0004; FRL-8176-4]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Indiana State Implementation
Plan (SIP) for ozone. In these revisions, the State has incorporated
changes EPA made to its definition of volatile organic compound (VOC)
and its list of Hazardous Air Pollutants (HAP). As a result of EPA's
approval, five chemical compounds will no longer be considered VOCs and
one compound will no longer be considered a HAP under Indiana's SIP.
DATES: This direct final rule will be effective August 11, 2006,
without further notice, unless EPA receives adverse comment by July 12,
2006. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0004, by one of the following methods:
http://www.regulations.gov: Follow the online instructions
for submitting comments.
E-mail: [email protected].
Fax: (312) 886-5824.
Mail: John M. Mooney, Chief, Criteria Pollutant Section,
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the Regional Office's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0004. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from
8:30 a.m. to 4:30 p.m., Monday
[[Page 33626]]
through Friday, excluding legal holidays. We recommend that you
telephone Matt Rau, Environmental Engineer, at (312) 886-6524 before
visiting the Region 5 office.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Should I Consider as I Prepare My Comments for EPA?
II. What Is EPA Approving?
III. What Is the Background for this Action?
IV. What Is EPA's Analysis of the State Submission?
V. What Are the Environmental Effects of These Actions?
VI. What Action Is EPA Taking Today?
VII. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. What Is EPA Approving?
EPA is approving revisions to Indiana's definitions for ``VOC'' and
``nonphotochemically reactive hydrocarbons,'' as well as its HAP list.
By incorporating by reference 40 CFR 51.100(s), the following four VOC
compounds will no longer be considered VOCs under Indiana SIP rules 326
IAC 1-2-48 (``nonphotochemically reactive hydrocarbons'') and 326 IAC
1-2-90 (``Volatile organic compound''), and sources of these compounds
will not have to follow any of the VOC requirements when using these
compounds: 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane; 3-ethoxy-
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane;
1,1,1,2,3,3,3-heptafluoropropane; and methyl formate.
In addition, Indiana has revised 326 IAC 1-2-48 and 1-2-90 to
incorporate by reference 40 CFR 51.100(s)(5),such that sources of t-
butyl acetate will no longer be subject to VOC emission or content
limits. Such sources will, however, still need to follow VOC record
keeping, emission reporting, and inventory requirements.
Indiana has also revised 326 IAC 1-2-48 to incorporate by reference
40 CFR 51.100(s)(2), such that sources may exclude neglibly
photochemically reactive compounds that are measured as VOC during a
compliance test.
Finally, Indiana has revised its definition of ``hazardous air
pollutant'' or ``HAP'' in 326 IAC 1-2-33.5 to incorporate by reference
40 CFR 63.63, such that the compound ethylene glycol monobutyl ether
(EGBE) will no longer be on its list of HAPs.
III. What Is the Background for This Action?
Indiana's requested revisions to the VOC definitions and list of
HAPs adopt changes that EPA made on November 29, 2004. In the first
action (69 FR 69298), EPA added four chemicals to the list of excluded
compounds at 40 CFR 51.100(s)(1), on the basis that these compounds
make a negligible contribution to tropospheric ozone formation. These
are: 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane; 3-ethoxy-
1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane;
1,1,1,2,3,3,3-heptafluoropropane; and methyl formate.
In the second action (69 FR 69304), EPA modified the definition of
VOC at 40 CFR 51.100(s)(5) to exclude t-butyl acetate as a VOC for
purposes of VOC emission limitations or VOC content requirements. While
EPA determined that t-butyl acetate has a negligible contribution to
tropospheric ozone formation, it also concluded that the compound
should still be subject to all record keeping, emissions reporting,
modeling, and inventory VOC requirements.
In the third action (69 FR 69325), EPA amended 40 CFR Part 63 to
remove EGBE from the HAP list (40 CFR 63.63). This was the result of
EPA's determination that emissions, ambient concentrations,
bioaccumulation, or deposition of EGBE may not reasonably be
anticipated to cause any adverse effects to the human health or adverse
environmental effects. 69 FR at 69321.
Finally, on February 3, 1992, EPA amended 40 CFR 51.100 by adding
paragraph (s)(2), such that sources may exclude negligibly
photochemically reactive compounds that are measured as VOC during a
compliance test (57 FR 3945).
IV. What Is EPA's Analysis of the State Submission?
Indiana's requested revisions incorporate by reference the
following federal regulations: 40 CFR 51.100(s)(1), the de-listing of
four compounds formerly considered VOCs; 40 CFR 51.100(s)(2), the
authority to exclude negligibly photochemically reactive compounds that
are measured as VOC during a compliance test; 40 CFR 51.100(s)(5), the
modification of the definition of VOC concerning t-butyl acetate; and
40 CFR 63.63, the removal of EGBE from the HAP list. They are,
therefore, approvable as revisions to Indiana's SIP.
V. What Are the Environmental Effects of These Actions?
Volatile organic compounds are precursors to ozone formation.
Complex photochemical reactions involving VOCs form tropospheric ozone.
EPA has determined that the five compounds make a negligible
contribution to ozone formation. Thus, the compounds are no longer
considered to be VOCs.
Ozone decreases lung function, causing chest pain and coughing. It
can aggravate asthma, reduce lung capacity, and increase risk of
respiratory diseases like pneumonia and bronchitis. Children playing
outside and healthy adults who work or exercise outside also may be
harmed by elevated ozone levels. Ozone also reduces vegetation growth
in economically important agricultural crops and wild plants.
Exposure to HAPs at sufficient concentration and duration may
increase the risk of cancer and other serious health effects. These
health
[[Page 33627]]
effects include damage to the immune system and neurological,
reproductive, developmental, and respiratory health problems. Drinking
water can be contaminated by HAPs. In addition, some HAPs can enter the
food chain through the exposure of crops and animals. Animals can
suffer health effects from HAP exposure similar to the effects in
humans.
VI. What Action Is EPA Taking Today?
EPA is approving, through direct final rulemaking, revisions to the
Indiana ozone and hazardous air pollutant regulations. As a result of
EPA's approval of Indiana's SIP submission, four compounds are no
longer considered to be VOCs and a fifth compound is not subject to VOC
content and emission limits but will still be subject to other
requirements. In addition, EGBE will no longer be considered a HAP.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective August 11, 2006
without further notice unless we receive relevant adverse written
comments by July 12, 2006. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. The EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. If we do not receive any comments, this
action will be effective August 11, 2006.
VII. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 11, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
[[Page 33628]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.
Dated: May 17, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Indiana
0
2. Section 52.770 is amended by adding paragraph (c)(176) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(176) On December 21, 2005, Indiana submitted revised regulations
that incorporate by reference 40 CFR 51.100(s)(1), as amended at 69 FR
69298. As a result, the compounds, 1,1,1,2,2,3,3-heptafluoro-3-methoxy-
propane, 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-
(trifluoromethyl)hexane, 1,1,1,2,3,3,3-heptafluoropropane, and methyl
formate, are added to the list of ``nonphotochemically reactive
hydrocarbons'' or ``negligibly photochemically reactive compounds'' in
326 IAC 1-2-48 and these compounds are deleted from the list of VOCs in
326 IAC 1-2-90. Companies producing or using the four compounds will no
longer need to follow the VOC rules for these compounds.
The requirements in 326 IAC 1-2-48 and 1-2-90 were also modified
for the compound t-butyl acetate. It is not considered a VOC for
emission limits and content requirements. T-butyl acetate will still be
considered a VOC for the recordkeeping, emissions reporting, and
inventory requirements.
Indiana is also revising 326 IAC 1-2-33.5 to remove ethylene glycol
monobutyl ether from its HAP list. This chemical will no longer be
considered a hazardous air pollutant.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 1: General Provisions, Rule 2: Definitions, Section
33.5: ```Hazardous air pollutant' or `HAP' defined,'' and Section 48:
```Nonphotochemically reactive hydrocarbons' or `negligibly
photochemically reactive compounds' defined,'' and Section 90:
```Volatile organic compound' or `VOC' defined.'' Filed with the
Secretary of State on October 20, 2005 and effective November 19, 2005.
Published in 29 Indiana Register 795-797 on December 1, 2005.
[FR Doc. 06-5252 Filed 6-9-06; 8:45 am]
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